After someone decides they want a divorce, they can take several steps to prepare themselves both financially and mentally. Individuals who have made this decision may wish to start the divorce planning process as soon as possible (preferably before they inform their spouse of their intentions) since this can ensure smooth proceedings. Learn the seven vital steps to take prior to filing for divorce, and discover how a knowledgeable South Carolina and North Carolina family law attorney from King Law Offices may assist those considering divorce. We proudly serve Winston-Salem, SC, Rock Hill, SC, Cornelius, NC, Charlotte, NC, Waynesville, NC, and Boone, NC. To arrange an initial case review, call us today at (888) 748-KING.
What Does Filing for Divorce Involve?
Since state laws govern divorce, the requirements for pursuing one and the steps of the procedure can differ between states. Below is an overview of the divorce process in South and North Carolina.
Getting a Divorce in South Carolina
§20-3-10 of the South Carolina Code of Laws governs divorce, and to file for divorce in South Carolina, the filing party (plaintiff) must have lived in South Carolina for at least a year if the other spouse no longer resides in the state, or if both spouses live in South Carolina, the plaintiff must have resided in the state for a minimum period of three months. Spouses seeking a no-fault divorce must have lived in separate homes for a minimum period of 12 months, whereas for fault-based divorces, there is a 90-day waiting period, and the plaintiff must provide proof of fault on the basis of one or more valid grounds (habitual drunkenness, adultery, drug addiction, a year of desertion, and physical cruelty). Provided the plaintiff fulfills these requirements, they can complete the other steps to obtaining a divorce, which are as follows:
- Prepare papers: First, the plaintiff must accurately prepare a number of divorce-related papers, including a cover sheet, divorce summons, divorce complaint, financial declaration, and exemption certificate.
- File petition: Following document preparation, the plaintiff must file these documents and pay the necessary filing fees. They may do this in the county where the opposing spouse lives, in the county where they live, or in the county where the couple lived together previously.
- Serve papers: Next, the party seeking a divorce must inform the opposing party about the proceedings, known as serving them, achieved by physically handing them the documents and asking them to sign the Acceptance of Service form, after which the other spouse has 30 days to respond. If reaching the other spouse is difficult, the other options include asking the sheriff’s office (based in the defendant’s county) to deliver the papers in person, utilizing a professional server, certified mail with a return receipt, or approved signed-for commercial delivery service, or when locating the spouse is challenging, publishing a notice in a local newspaper.
- Disclose finances: The law requires both parties to fairly disclose their finances and share this information with the opposing spouse prior to the initial hearing or within 45 days of serving papers.
- Participate in mediation: While not mandatory in divorces where both parties agree on marital terms (uncontested), in contested divorces involving child support and custody, this process is compulsory.
- Negotiate terms: To avoid a lengthy and costly divorce, the recommended approach is to negotiate divorce terms with the other spouse and be willing to compromise. After reaching an agreement, the next step involves preparing a proposed decree, settlement agreement, and financial declaration to take to court.
- Attend court: Finally, attend the divorce hearing, back up any claims made in court with evidence, and prepare answers to questions that a judge may ask. If the court agrees with the contents of the documents and evidence, they will issue a signed divorce decree, which requires filing with the county clerk’s office.
If experiencing a marriage breakdown, find out more about the steps to take before filing for divorce by reaching out to King Law Offices. Contact us today to schedule an initial consultation with a seasoned North Carolina or South Carolina divorce attorney.
Divorce Filing in North Carolina
According to the North Carolina Judicial Branch, in North Carolina, the requirements for divorce include living in different residences (with one or both spouses intending for this separation to be permanent) for a minimum period of 12 months and one day, and at least one spouse must have lived in North Carolina for six months or more before filing. After meeting these requirements, the next steps in the North Carolina divorce process are as follows:
- Filing a complaint with the Clerk of Court: Note that the party seeking a divorce must file in the county where they live. Following this, it is necessary to serve the other party with a copy of the complaint, and then the spouses should attempt to agree on spousal support, asset division, child custody, and child support before the case goes to trial.
- Engaging in mediation: Those seeking to end their marriage amicably may consider mediation, which a court may order a couple to attempt in some circumstances. This process involves bringing in an impartial third party to assist in resolving differences and agreeing on divorce terms, typically cheaper and more efficient than having a court make these decisions.
- Attending court and awaiting judgment: Next, a judge in the divorce court hears testimonies and legal arguments from both parties and then makes a ruling, resulting in a final divorce decree that outlines the terms of the divorce. If the couple cannot agree on the divorce terms, the judge will decide these instead.
What Steps To Take Before Asking for a Divorce
Prior to filing, there are several essential steps that a person considering divorce can take. Below are seven of these tips.
Apply for Credit
If a spouse has only ever had a shared line of credit with their spouse, it can be challenging for them to take out credit for significant purchases, such as a vehicle or home, post-divorce. To start building up a positive credit score, the party considering divorce may want to take out credit in their own name, even if this means applying for a basic credit card.
Establish Separate Accounts
For individuals who only bank under joint accounts, another planning strategy involves opening new savings and checking accounts only in their name. Once established, and after transferring their proportion of the funds to these accounts, this enables the spouse to maintain access to this money and prevent the other party from draining the shared accounts.
Create a Balance Sheet
Determining a person’s financial goals during divorce is only possible after having an understanding of their assets and debts. With this in mind, an effective divorce planning strategy entails creating a balance sheet outlining an individual’s pensions, retirement savings, real estate, personal property, bank balances, auto loans, mortgages, credit card balances, and other debts. This information can help with asset and debt division negotiations and post-divorce budgeting.
Identify Custody Goals
The most significant priority for parents with minor children considering divorce typically relates to parenting time and custody. To help identify an arrangement that works with both parents, it is necessary to consider the children’s schedule, parents’ work obligations, and other commitments.
Collate Documents
To aid with financial disclosure, a key element of divorce proceedings, be sure to collate all financial documents, including bank statements, loan agreements, tax returns, and credit card statements. This is helpful to do as soon as possible as, depending on how the spouse handles the idea of divorce, it can be challenging to obtain these documents post-filing.
Utilize Support Network
Since divorce is an emotionally draining process, it can be useful for those thinking of getting one to surround themselves with friends and family for emotional support. In addition to utilizing their personal network, individuals thinking about divorce may consider discussing their issues with a therapist.
Set Up a Private Postal/Email Address
A person seeking a divorce might want to establish a private email address and/or postal box to prevent their spouse from seeing documents indicating an intention to divorce, such as attorney correspondence or information pertaining to separate bank accounts. Moreover, setting up a postal box allows an individual to maintain a consistent address during a time when they might be expecting vital paperwork and not necessarily living in one location.
Discuss Your Divorce Concerns With a South/North Carolina Family Law Attorney Today
Dissolving a marriage is logistically, financially, and emotionally challenging, worsened by a lack of preparation. However, by adopting divorce planning strategies, it is possible to effectively prepare for what can be a grueling process and achieve a favorable outcome. Find out some additional factors to consider when filing for divorce, and learn how King Law Offices might help individuals thinking about getting a divorce; call our firm today at (888) 748-KING to discuss your divorce concerns with an experienced North Carolina and/or South Carolina family law attorney. We proudly serve Winston-Salem, Rock Hill, Mecklenburg County, Haywood County, and Watauga County.